License Suspension for Third DWI or Subsequent Offense

Third DWI convictions (or subsequent offenses) carry a mandatory ten year loss of license. Think about that for a second. Ten years… That’s a long time to have to use public transportation or have family and friends shuttle you around everywhere you go. A conviction under this offense also carries 180 days in jail, thousands of dollars in fines, surcharges and other fees, as well as a mandatory implementation of an ignition interlock device. What’s more, if you are convicted of a third DWI or subsequent driving while intoxicated and are caught operating a motor vehicle during your period of suspension, you face a fourth degree indictable charge that carries a mandatory 180 days in jail, none of which may be served through Intoxicated Driver Resource Center or community service/work release programs (SLAP).

Having legal counsel for either a third driving while intoxicated charges or driving while suspended charges due to a third DWI or subsequent offense is imperative. You not only face jail time for either offense, but you also face the prospect of a lengthy period of license suspension. For immediate assistance with your traffic offenses, contact The Law Offices of Jonathan F. Marshall today.

How Long Can the Court Suspend My License for a Third DWI or Subsequent Offense?

If you are charged and subsequently convicted of driving while intoxicated, whether it be drugs or alcohol, the municipal judge will suspend your driving privileges for a period of ten (10) years. This decade long license suspension will begin after you enter your guilty plea. While the judge might grant you a temporary license to drive home, you likely will be required to have a companion drive you back.

Even if the driving while intoxicated offense did not occur in New Jersey, the Motor Vehicle Commission will likely be informed of your out-of-state driving while intoxicated offense and issue a Scheduled Suspension Notice for a ten (10) year driver’s license suspension beginning a few weeks from the date of the notice. Under certain conditions, you may be entitled to a MVC hearing at which the commission may modify or reduce your New Jersey Driver’s License suspension. Otherwise, your 10 year suspension will be in effect.

What If I Get Caught Driving While Suspended for a Third DWI or Refusal Conviction?

As mentioned prior, it is a crime of the fourth degree to operate a motor vehicle while serving a period of license suspension specifically when that suspension derived from a third driving while intoxicated conviction. As a fourth degree offense, your case will be handled by the Superior Court in your county. Rather than local municipal l prosecutor’s representing the State, county prosecutors will be handling the charges. Moreover, as a fourth degree offense, you must be indicted by a grand jury. If convicted, under N.J.S.A. 2C:40-26(c), the judge must impose a mandatory 180 days in county jail. This jail sentence must be served in its entirety, as there will be no opportunity for parole. Additionally, you will face an additional period of license suspension that will range anywhere from twelve (12) to thirty (30) months.